[Closed] should children be entitled to compensation?

They should receive a cuff round the ear and think themselves lucky they weren't born in somalia.

Why should anyone?

Maybe if the "accident" leads to a criminal prosecution of the "owner" for whatever contravention of HSE guidlines.

But not for "my coffee was hot" claims.

It depends how you define a non permanent injury to some degree.If it puts the parents seriously out of pocket, cancelling activities/holidays etc the injury wil not allow them to do, not being able to get refunds and soforth, then I don't see why not.

Sexual,physical or mental abuse could be described as non permanent but may still need extensive and extensve physical or psychiatric treatment.

Or just stuff 'em full of crisps and tizer and send 'em to the park to fall off something else. either works for me really.

kevonakona - Member
Why should anyone?

Pulllllleaze!

Some days you are the statue, others you are the pigeon.

Life is full of ups and downs. Accept it and learn to deal with the lows as well as the highs.

receives a non perminant injury

Go on then why should you receive compensation for a non permanent injury. I assume you can assess the situation and assuming the organizer is not blatantly negligent (edit; or indeed just negligent) (hence potential HSE contravention) why would you expect a pay out?

Erm pain and suffering, loss of earnings, loss of enjoyment. No payout if no negligence.

You don't mind if I accidentally break your leg then kev? 🙄

Why is it different if i break my leg in

a) a kick about with mates

b) a solo run round a damp park with no beware of the "damp grass" signs

c) a kick about organised by a local club (except that Al is gunning for my ankles 8O)

and which ones can i claim for?

You've assumed responsibility voluntarily in those situations so there is no claim.

Do you read the red tops a lot?

EDIT: you might have a claim at A and C if another player hacked you though those claims are not in negligence IIRC and rarely successful (IIRC there was a cycling one also).

Ooo that's low Al very low indeed (only borrow red tops for pg3 oggling).

So if the person agrees to participate they have assumed responsibility? (not quite that simple though is it, as a waiver is not really as straight forward as all that).

So if we go back to the school sports day by taking part have the kids assumed responsibility?

Play nice Kev, play nice.

will somebody think of the children!!!!!!!!!!!!!!!!!

which, if any, scenario should little billy get compensation for?
- breaking arm while playing british bulldogs at breaktime
- slipping over on icey footpath at school
- breaking arm in pe rugby lesson

Different for kids.

If you are running on wet grass then you should know it's wet and the risks that creates.

For kids then they are obviously pretty ***ing stupid so you have a duty of care to minimise the risks to them. Not that you can't have sports day, you just don't want lots of upturned rakes near the long jump pit, no oil spills at the start of the 100m, not holding it near the local paedo prison etc.

f-g

none of those but potential on the footpath. I would have though there should be a need for gritting but it may be the last section to be gritted.

farmer giles depends on lots of other factors.

The law ain't as simple as the headlines make out.

cynic-al - happy to provide additional factors for scenario - what information would you like?

How did the accidents occur?

this applies for all:

For an accident i.e. an event that is neither preventable or foreseeable - No

For injuries arising from neglect, flouting of HS laws or plain old abuse - Yes
Caveat: where injury, physical or mental, causes the individual to be out of pocket through inability to work or for travel to treatment.

Damages should only be awarded to those who have permanent injuries where their life is irreparably changed for the worse because of the above.
We need to escape the litigious society by outlawing No win No fee legal representation and HS red tape relaxation meaning people will take more responsibility for themselves rather than relying on some jobsworth with a clipboard to make things 'safe'!
IMVHO

a major problem with our blame/claim culture is the insurance companies who will pay out for minor claims as its cheaper than defending them.

TOP TIP: if you suffer from back problems put in a series of small claims against every company you have ever worked for. Make sure your claim is less thna 5K per company. The majority will pay.

sad

f-g.... none

Parents should be sued for not teaching the child how to walk, avoid ice (find another way if you can't walk across it)

Friggin nanny state 😀

Depends what the quantifiable loss is due to the injury being caused.

cynic-al
-first scenario - playing a game with mates at breaktime - 1 mate piles in for the tackle, billy goes over and lands heavy on his arm,
- second scenario - wintery spell, ice on school path first thing in the morning (whole country in icey spell) billy slips and lands heavy on his arm
- third scenario - supervised and instructed lesson, training provided; billy gets hard tackle(?) and lands heavy on arm

mk1fan - billy has no financial loss - school takes him to A+E and gets plastered up

Tough to establish liability in 1 and 3, play and sports should be supervised obviously, I imagine if anything it would be the tackler's fault not the schools.

Dunno about 2, depends on what school did/could have done.

Compensation for punitive damages, eg: for pain and suffering, are different to those for loss.

The fact that a child has no income or dependants doesn't mean that an injury won't result in a finacial loss. A missed holiday. Loss of income whilst taking the child for physio. Even new clothes if they have to cut sleeves etc... off garments to fit over casts/bandages. Or the purchase of prescriptions etc...

The 'simple' answer is that the child and their parents/carers/guardians should suffer no financial loss as the consequence of the injury - assuming that a third party is responsible for the injury.